UK Immigration & Nationality Lawyers

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Unfortunately, there is a discrepancy between the Policy Guidance document for Tier 2 sponsors and the Immigration Rules on this point. The Tier 2 sponsor’s guidance document says at paragraph 26(2)(f) that you can be paid the new entrant rate regardless of age if you are switching from Tier 4 to Tier 2 (General), as long as your studies have lead to the award of the required qualification. However, paragraph 14 (d) of Appendix J of the Immigration Rules, which specifies applicability of the new entrant salary rate, only provides for Tier 4 General migrants switching into Tier 2 General category where their Sponsor had carried out a university milkround or where the migrant is under the age of 26 on the date of the application. In principle, the Guidance document should prevail. But there is a risk of litigation on this point.

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